1) wife can file petition for RCR in Ahemdabad
2) both cases would proceed simultaneously
3) if you are granted divorce decree in Pune then wife petition for RCR would be infructuous
2 cases in different states on the same matter
Hello, I have registered a case for divorce with my wife on grounds of cruelty in Feb 2016 (Which was after a year of separation) in Pune, where our marriage is registered. My wife who resides in Baroda but has her job in Ahmadabad, did not appear in court for 8-9 months. All means of reaching to her were tried - repeated notices to her residential address, summon sent via Baroda family court and even advertisements in local newspapers, but to no response. Finally in December 2016, she did appear in court. Consequently, in Feb 2017, she has registered a case in Ahmadabad family court for Restitution while the case I have filed for divorce in Pune family court is still in progress. My question is - Is the case of restitution filed by my wife valid when another case for divorce in the same matter is already filed by me and still in progress? I there a way the case for restitution can be rendered invalid in the above explained scenario? Thanks!
Asked 7 years ago in Family Law
Religion: Hindu
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6 Answers
1.Yes the RCR filed by your wife is very much valid and same cane be proceed with simultaneously with your case.
2.However since both the case would proceed for different reliefs you or your wife will have to seek transfer of the case for analogous trial of both the case.
3. Soa ct accodngly.RCR can not be stopped.
Filing of a petition for divorce by you does not prevent your wife from filing a petition for restitution of conjugal rights. Wife has the right to file the RCR petition where she resides. She may now file a transfer petition to transfer the divorce petition to her place.
Is the case of restitution filed by my wife valid when another case for divorce in the same matter is already filed by me and still in progress?
no, when she received a summon then she cannot file another suit on the same cause of action in another court. it is prohibited in law.
I there a way the case for restitution can be rendered invalid in the above explained scenario?
you may file an application under section 10 of CPC before the ahmedabad court for stay of proceeding. if a suit is already pending in a civil court then any suit filed before any other court on the same cause of action is barred under section 10 cpc
My question is - Is the case of restitution filed by my wife valid when another case for divorce in the same matter is already filed by me and still in progress? I there a way the case for restitution can be rendered invalid in the above explained scenario?
She has rights to file the case, she cannot be restricted from filing any such case against you.
You have to challenge the RCR case on merits especially in the light of the pending divorce case and the grounds already pleaded seeking dissolution of your marriage.
